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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 17, 1901)
--4- THB MORNING OEEGONIAN, TUESDAY, DECEMBER 17, 1901. WHO GETS THE REWARD? SHERIFF OF WASCO COCXTT LAYS CLAIM TO IT. Hi Deputy Arrested Kidd, the Traia- Wrcckcr-His Competitor Is a Portland Detective. THE DALLES. Or., Dec 16. Specula tion is rife in this city as to who will re ceive the $1000 reward offered by the Ore gon Railroad & Navigation Company for the arrest and conviction of the person or persons who wrecked the train near Celll. December G. Kidd. the self-confessed wrecker, was brought to this city shortly after the accident by the rail road employes on the special train con veying the- injured engineer and flreman. Upon their arrival here, Kidd was arrest ed and lodged In the County Jail by Dep uty Wood and Charles Allsky. Subse quent examination by Detective Rellly, of Portland, -elicited Kldd's confession. The re-ward is now claimed by Reilly and Addlsoa Kidd. 1 the Sheriff of "Wasco County. Papers filed 1 against Kidd hold him for murder in the first degree. He now claims to have con fessed Friday night to another prisoner In the County Jail. BOUGHT BY A SYNDICATE. Mining; Properties in Covr Creek Dis trict Purchased for $25,000. GRANT'S PASS, Or., Dec. 16. A syndi cate of mining men has purchased mining properties on Upper Cow Creek, formerly owned by -the Victory Mining Company. The new syndicate will be known as the Oregon Consolidated Mining Company. The price of the sale is reported to bo $25,009. The principal members of the company are: Judge Thomas Carroll, of Tacoma; W. J. Morphy, of Chicago; George A. Cole, of Missouri, and Freder ick Eldorauller, D. Phelps, F. H. Miller ard A. X. Mills, of Oregon. There are SO claims in the property, chief among which is the noted Vic tory hydraulic mine. A 3&-mlle ditch brings water to the mining grounds and supplies two big giants, which are kept at work night and day for six or eight months in the year. The giants were started up a few days ago. The banks of this mine are a loose gray travel, rich in coarse gold. Brnden Mine to Resume Worlr. The Bradcn quartz mines, a few miles fat of here, which have been closed down for some time, will resume opcra I'ons soon, in much better condition for wirk than ever before. Colonel Ray and Dr. Ray, both of New York, are the own cs and managers of the Braden proper ty s. The mines had been working for s vcral years up to the time of the fail ire of the Screnth National Bank, in New York, in which tho owners had heavy deposits. Three Xevr Gold Strikes. The discovery of throe new quartz ledges have been made in Josephine Coun t; . of late. One was in the Coyote Creek l!strict. Northern Josephine. R. Huy sink. a miner, has uncovered a four-foot ledge carrying free gold and sulphuret "a1uos, that give average assay values of ?18 per ton. Two other strikes have been made by IV. E. Markham and C. W. Gerboth, on Rogue River, 14 miles below this city. One ledge has a width of four feet, carrying average values of $18 per ton. and the other a width of one foot, carrying an average value of ?20 per ton each in free gold and sulphurets. STATUS OF 3IIMNG CLAIMS. Effect of the Modus Vivendi Afrrcc inent in Alaska. WASHINGTON. Dec 1C. Strange to say. up to a week or so ago the question has never been raised as to whether or not an American citizen may locate and hold a mining claim on that btrip of terri tory in Alaska affected by the modus vi Vend! agreement entered into between our Government and the Government of Can Dda. Representative Cushman, of Wash ngton. became interested in this question md called on Commissioner Hermann, of the General Land Office, for a ruling, Evidently the question had not been con sidered before. "Inasmuch as your question involves, or may involve, to some extent, a con struction of said modus Vivendi," said the Commissioner to Mr. Cushman, "it would seem that your question should be pro pounded to the Secretary of State. I am unable to refer you to any adjudicated case In which the question 'you ask was decided. For obvious reasons, the pro priety of which I am sure you will readily perceive, it is contrary to the practice of this office to express an authoritative opin ion except in an actual case in which the record has been regularly submitted." Mr. Cushman then made a personal call on the Secretary of State. The Secretary explained that there is no time limit to the modus Vivendi. "During the continuance of the agree ment," said the Secretary, "new claims on the American side of the provisional line are subject to the United States proced ure, and those on the British side to the Canadian procedure, without prejudice to final adjustment of the boundary. But all rights acquired on cither side before the modus are unimpaired. It follows, that such pre-existing rights of the citizens of the one party within the provisional juris diction of the other may be established as of record by any reasonable formality prescribed by the authority In temporary control of the territory where such rights are claimed under the modus." ALMOST STARVED TO DEATH. Three Mining Prospectors Barely Saved Their Lives. SEATTLE. Dec. 16. With no food save a morsel of do flour, Martin O'Conner, formerly of Seattle, and two companions, wandered three days through the Upper Tanana Valley. Advices were received In this city today giving the story of this jcurney. caused by the burning of the parry's cabin on the Cheona River, at the hp?d waters of the Tanana. Tho three men had been -prospecting. The burning of the cabin, which occurred about two months ago. left nothing save a little flour in a lard pail. They started across tin. Tanana divide for Eagle City to get help. For three days they jour neyd, sc-elng nothing to raise their hopes and getting no food of any kind save what they had with them. Then they came on a cabin. It was deserted and empty. Three days later, after the same toil and hardship that the three former ixiyliHBBBB ' I89BbV iiilfpl9BBBuL I&9BHI k AiBWf - & SK jbsvhibi BBBBSBSBBPSTlBBBBBk-' 9HH BssflBBsBBBsX &HH waHH BSBBBBBBBBBi " BKI"'' IjHtl days had seen, they found another cabin. It also was empty. O'Conner's compan ions lay down to die. O'Conner, however. looked about the premises and found a cache. The food from it saved their lives. They thei kept on, after a rest, until they fcund another stream, on which was a prospector, who directed them to Eagle. They are now at Dawson for the Winter. XO DECISION YET. Xoyes Contempt Cases Still Hanging Fire Next 'Week May Be the End. SAN FRANCISCO, Dec 16. It was ex pected that the Circuit Court of Appeals would render a decision today in the Nome contempt cases, and all the In terested parties, including Judge Noyes. were on hand when Judges Morrow and Dehaven entered court. A few motions regarding other cases were made, but there was no reference to the contempt proceedings. The court ordered an ad journment until next Monday, and In some quarters this action is taken as an indication that a decision may be ren dered at that time. Sentence Has Expired. SAN FRANCISCO. Dec. 16.-Judgo Dud ley C. Dubose, who has been serving a sentence of six months' imprisonment In the Alameda County Jail for contempt of the United States Circuit Court in the Name cases, will probably be released to morrow. He received word late today from his attorney that United States Attorney-General Knox had reversed the de cision of the United States District Attor ney, Marshal B. Woodworth, by deciding that as a prisoner he Is entitled to 30 days credit for good behavior; so that, with SO days lopped off his six months' term, and the advantages that accrue from the Monday release law of this state. Judge Dubose will go free tomorrow, or as soon as official word comes from Wash ington to release him from further bond age. Dubose said tonight that he would probably return to his old home In Mon tana. CAPTAIX TILLEY IN AMERICA. Will Proceed Leisurely to WashinB-' ton ly Southern Route. SAN FRANCISCO, Dec. 16. Captain B. F. Tilley, U. S. N.. ex-Governor of Tu tulla, Samoa, arrived here today on the steamer Sonoma, accompanied by his wife. He will proceed to Washington, traveling leisurely by the Southern route, in order to accustom himself to a climate more rigorous than that which he has long been accustomed to. He received to day a dispatch from the Secretary of the Navy Informing him that he need not hasten to reach the capital. Captain Tilley expressed his gratification that the judgment of the officers who considered the charges against him in Samoa was in every respect a complete vindication. Ho predicts an efficient administration on the part of his successor. Captain Se bree, who. he says, has already favor ably impressed the natives. VALUABLE MINES SOLD. Kins Solomon Property, in Chelan County, Has Changed Owner. NORTH YAKIMA. Wash.. Dec 16. An Important mining deal took place here today, by which the ownership of the King Solomon group of mines, in Chelan County, was transferred from Messrs. Ed ward Whitson, Fred Parker and KIcth Dunlap, to A. W. Frater. a Seattle mining promoter, who buys for himself and Cleve land and Buffalo capitalists. The price was $50,000. The property consists of four promising claims, and is one of the most widely known groups of mines In the Northwest. 'Much ore has been taken out of the mine already, and the buyers feel confident that their Investment will prove profitable The assays run from $11 to $60 to the ton of gold, with an average of about $50. There is also a good deal of copper, something like 5 per cent. The property is not far from the boun dary line of Chelan County. By wagon road the nearest railway station is Cle Elum, but Leavenworth, on the Great Northern, is closer as to actual distance. Oregon Mining Stock Exchange. Yesterday's quotations: Bid. Asked. Adams Mountain 3 514 Artoria-Melbourne (Gtd.) 22 -49 Bronze Monarch V2 15 Buffalo 2i 4 Copporopolis lci .... Champion 20ii 60 Caribou 2 2V GoH Hill & Bohemia 0 12'i Huronian 54 6' Lost Horse 2 4 Oregon-Colorado M. M. & D 2i 2s' IMvcrslde 2 4V. Sumtiter Consolidated 24 4 Sales: D00 Riverside 3 SPOKANE, mining: stocks Dec. 1C Closing quotations of today were: Bid. Ask.) Bid. Ask. Amer. Boy . Blacktall ... Deer Trail .. Gold Ldge . Iron Mask .. L. r. Surp.. Mtn. Lion . Mom. Glory. U (Morrison 3 .10 lujfc Prin. Maud .. 2 2U 2?i 2&'QuP 20 2S . 1 2 (Rarnb. Car ...G3?i 6T? 3U -Jinepubllc 4i& 44 0 CV4 (Reservation .. 3 3V, .274 2SV Sullivan 9. 10i 1 ZVilTom Thumb ..lC'i 17& SAN FRANCISCO, Dec 16. Official closing quotations of mining stocks: Relcher $0 12Occidental Con ...SO 03 Best & Belcher... HiOphlr 04 Caledonia 10Overman 2 Challenge Con ... 9Potosl 3 Chollar T.iSavage 3 Confidence SojSlerra Nevada ... 14 Con. Cal. &. Va... 1 COjSllver Hill 2J Crown Point 1 Standard 3 M Gould & Curry... 4l7nIon Con 00 Hale & Norcross. 13jutah Con 5 Justice ljl'ellow Jacket .... 5 Mexican 22 NEW YORK. Dec 10. Mining stocks closed as follows: Adams Con $0 20ILUtle Chief today ?0 12 . 8 50 . 5'J Alice 456ntarlo Breece Brunswick Con .. Comstock Tunnel. Con. Cal. &. Va... Deadwood Terra.. Horn Silver Iron Sliver Leadvllle Con ... Taophlr 13Phoenlx CPotosl 1 SOiSavage 50i Sierra Nevada .. 1 0,Small Hopes .... OO.Standard 51 6 1 1 J2 40 3 45 BOSTON. Dec IC ' Closing quotations: Adventure 'Allouez , Amalgamated ., Baltic , Bingham , Cal. & Hecla... $ 18 OO.Parrott $28 50 1 uunjuincy CI 75j Santa Fe Cop 34 OOlTamarack ... 20 OOiTrlmountaln , 145 00 2 50 235 O0 33 0i (10 00 Trinity 13 75 13 P0 Centennial 15 COIUnited States Copper Range .. Dominion Coal.. Isle Royale .... Mohawk Old Dominion.. 40 OOiUtah 47 25 Victoria , 19 5t,tVlnona , 31 00t Wolverines .. IS m 5 00 1 75 is ro FELL OVER A BLUFF. Indian "Wnr Veteran Killed Xcar Go ble An Old Settler. ST. HELENS, Or., Dec. 16. John H. Blacketer, of Goble. was found dead on the river bank, near Reubln, this morn ing. He was an Indian War veteran. 1 home at Goble, where he lived until his aeatn. no was about 0 years of age. He received his pension check last Sat urday and after paying some small bills became slightly Intoxicated, and started for his home. It is supposed that ho went too near a bluff and fell over. It is not known whether he died from tho fall or from exposure, as he hid been dead several hours before being discov ered. Mnil From Dawson. SEATTLE. Wash., Dec. 16. Tho first Klondike mall from Dawson since the Yukon River closed arrived at noon today on tho steamer Cottage City. The mall left Dawson November 28. A mall that started five days earlier went through soft Ice on Lake Lebarge, and the horses drawing it were drowned. The mail was recovered, but was much damaged. Kimball Pianos. There are many cheaper pianos; it is mighty easy to make a piano for less money, but impossible for other factories to make one so good. There are a few more costly pianos; no amount of money, however, can buy anything better than the Kimball. Sold by Ellers Piano House. Store open evenings now. BEWARE OF BOGUS COINS 3IAXY COUXTERFEITS IX WESTERN WASHIXGTOX. They Are Readily Detected From. Their BInrred Appearance Au thorities Investigating. SEATTLE, Dec 16. Silver counterfeit dollars and half dollars are circulating in Western Washington. The coins seem to be numerous. From "this city and What tom they have been reported to Captain Bell, of the United States Secret Service. The officer has several samples in his possession and Is investigating the matter. Although of Ihe legal metal, these coun terfeits are easily detected. Invariably they are cast in molds. Like all cast counterfeits their faces are blurred. While the "head" side of each Is very clear, the e MMHMMMMHMMMMMMMM9 face having the eagle is indistinct in Its lines. When placed beside a struck coin the difference is readily apparent. FREIGHT TRAIN "WRECKED. Long: Delay Resulted on Southern Pa cificOne Man Killed. ROSEBURG, Dec. 16. An extra south bound freight train was ditched at 8:30 o'clock last night, about two miles north of Dlllard Station. Three cars left the track. Homer Boll, a bookkeeper, from Cincinnati, O., who was riding a brake beam, was Instantly killed. His body wap brought to this city. The wreck delayed the northbound overland 10 hours. South bound No. 15 was also delayed. It left here at i):40 A. M. The wrecked train was in charge of Engineer C. M. Rummage, Firemon Burke. Conductor E. T. Morlan, Brakemen F. M. Parish and Sam Wiley, none of whom was hurt. Coroner J. C. Twltchell being ab sent in Portland, Justice H. J. Roblnett held an Inquest over tho body of the dead hobo. He was found to be Homer M. Boll, and his mother. Mrs. S. Boll. Hvm at 1434 Pollun avenue, Cincinnati, O. He j had papers of recommendation from the 1 ottice of the Armour Packing Company, Omaha, Neb., showing he had been a bookkeeper there, and other papers showed that he was a man of education. Other men beating their way with him said he had failed to secure employment in San Francisco, and, being without means, he was endeavoring to reach Seattle. The body was brought here and his relatives notified by wire. GOVERNOR GEER SPOKE. Made an Address on the Subject "Good Government." OREGON CITY, Dec. 1G. Governor T. T. Geer made an Interesting address to the Men's Congregational Club tonight on the subject, "Good Government." He talked for nearly an hour. His speech was prefaced by remarks by Colonel Robert A. Miller, C. B. Moores and Rev. E. S. Bol linger. A vocal solo by Miss Mary Con yers and. other music added to the pro gramme. The Governor dwelt upon the formation of the early government of Oregon, and spoke of the struggles of the pioneers. He read extracts from the records of the constitutional convention. His address was heartily applauded and at Its close ho was tendered the thanks of the club and made on honorary member. Gov ernor and Mrs. Geer held an informal re ception in the parlors of the Congrega tional Church, where the supper was given. SHE GAPED TOO WIDE. Woman Yawned and Could Not Af terward Close Her Mouth. WALLA WALLA, Dec. 16. Mrs. Harry HIbbard yawned at a ball at Sons of Vet erans Hall Saturday, and broke up the dance. Mrs. HIbbard opened her mouth to the fullest extent, and when she un dertook to close It the hinges stuck. The jaw absolutely refused to close, even when considerable pressure was brought to bear. When closed by main force, the jaw would Immediately fly open as soon as released. The announcement created intense excitement, and the dance broke up. A doctor was called, and the unfor tunate woman removed to her home. Af ter a few hours' work the trouble was ! corrected. NORTHWEST DEAD. Jacob Bruprsrer, a Pioneer of Wash ington County. HILLSBORO, Or., Dec 16 Jacob Brug- ger. an old and respected pioneer of this ' county, died at the home of his son-ln- j law, Anderson Reynolds, at Cedar Mill, last evening. Deceased was a native of Switzerland, and came to the Pacific ' Coast In 1652. He soon after settled in this county. He was 73 years of age. He leaves one daughter, Mrs. Reynolds, and a large estate. MEETING OF WOODMEN. Many Members and Women of Wood craft Will Be Present. PENDLETON. Or.. Dec. 16. Five or six hundred Woodmen and Women of Wood craft will participate in a log-rolling here tomorrow. Head Consul Falkenburg and other prominent officers of the order are expected to attend. Meetings will be held In the opera-house A reception and dance will be given In the evening. Wrecked "by Persons Unknown. SPOKANE. Dec. 16. It is now believed the fatal train wreck near Essex, Mont., yesterday, was not an. accident, but a crime A telegram has been received from H. A. Kennedy, assistant general superin tendent of the Great Northern, who has visited the wreck. He wires: "There Is not the slightest doubt but No. 3 was deliberately wrecked by parties unknown; think discharged employes." May Build a Pruncdrler. NORTH YAKIMA. Wash.. Dec. 16. J. B. Whiteside, of Michigan, Is in the val ley examining orchards, and probably will erect a $15,000 pruncdrjing plant for next season's crop. He has traveled all over the United S'ates, and says that Yakima Is an Ideal ulace for a larce fruit evao- orator. Mr. Whiteside will spend the next two months looking over the country and conferring with the principal fruit growers. So far he has received hearty encouragement. Panthers Still Glvlns Trouble. GRANT'S PASS., Dec. 16. One of the pair of big panthers that have been the terror of the Meadows district for some time past again boldly made its appear and in that district a few days ago. It sppcared on the farm of J. H. Walker and was bravely attacked by a large dog; ,the plncky animal, although succeeding in driving the monster cat away, was promptly chewed Into sausage meat in the jaws of the rapacious beast. This was the panther which attacked two women who were washing clothes at the creek below the house, a few weeks ago. The panther was In the act of spring ing upon the women when it was discov ered and scared away. An effort Is being madi to kill these two panthers. They are very cunning and will never place themselves in range of a rifle. No dogs have yet been set on their rail but what have met a speedy death from the sharp Austin Craig Banh Ag'ent In Trouble BAKER CITY. Or.. Dec 10. Aus tin Craltr. the Postmaster and City Recorder of Whitney, who was bound over at Sumpter on Saturday last to await the action of the Cir cuit Court on the charge of having misappropriated the funds of the Bank of Sumpter, for which he was acting as agent at Whitney, was placed In the county Jail here to day. He was unable to obtain bonds men In the sum of' ?2000. the amount fixed by the committing Magistrate. Previously to coming to Eastern Oregon he served a term as School Superintendent of Wash ington County. Forest Grove knew him as the editor of two newspa pers. In the day of the A. P. A. he was one of the most zealous mem bers of that organization. Craig was held In high esteem In Baker City and bis home town. claws, and powerful jaws of the brutes, or been sent yelping home, mangled and blcfulng Clearing: tho City of Hobos. SALEM, Or., Dec 16. Two hold-ups have been reported In Salem in the last 24 hours, but tho police do not credit the stories. A man suspected of being the highwayman who committed the robberies Saturday was arrested last night, but as there was no Identification he was dis charged today. The police are making an elfort to rid the city of hobos. AT THE HOTELS. THE PORTLAND Sherwood GHlespy, Seattle S P M Stephens. Spokn W J Kendrlck & w, do Col C A CoolIdge.Van-j w v Jobes, Spokane Chas E Shane. San Fr couver uarracKs S F Alden, San Fran W R Abercromble u t Mcuonnaugney, Seattle H E Boyrle. Seattle Karl F Craft, Chicago jj 1 Jonnson. Clnclnn S H May, N Y N J Grennlng, Cbgo I S Rosenblatt W W Catlln. city Sam Cohen. San Fran E L Toy. Akron. O S Fouge. N Y red C conklln. Chgo Walter B Draper. S F Wm Parkberry & wife, Montana J D Isaacs, San Fran A Hlrschfeld. N Y A E tVadhams. SeatUo E H Collls Mr & Mrs W J Wood side. San Francisco H G Ross. San Fran Geo Smith. Milwaukee W A Doyle & wf, S F cnas btewart, San Fr M J Kinney, Astoria H 1 Barrett, N Y J D Mulvehlll. N Y W M Randall, USA Thos J Larklns. Salt L1J H Glide. Jr. Sacmto John D Holllday. Chgo Mrs G H Primrose, NY E J Roberts & wife. J Arthur Smlth.Rocbes- Snokane I ter. N Y Geo P Griffith. S F J A Cranston, city V H Rohrer. San Fr Dr F B Whltney.Seattl IR B Dyer, South Bend I J F Van Orsdale.Vancv THE PERKINS H Rosenbaum. Mon roe. Mich Mrs Rosenbaum. do W F Hill. San Fran Thos A Jones. Co rvallli Mrs T A Jones, do A R Gray. Catlln. Wn J F Hendricks, Cas cade Locks Mrs J F Hendricks, dc H H Grldley, Vancouvr J F Verncr. Brownsvlll Mrs E A Blanchard, Fresno. Cal Mrs Alex Slate. Boise H M Moore, Boise A Schroder, Astoria E R Harrison. Rosebrg E E Whiting. Chicago Geo W Sherwood, Ta coma Wm De Haven. McMln C E Loomls, Eugene Wm Bender, Soda Grove. la Mrs C L Reeves. Med ford. Or T H Homer. Chicago K Tiffing, San Fran Mrs Tiffing. San Fr W P Campbell. Chenv awa. Or J A Kaller, Manhat tan. Kan L Jones. Philadelphia Mrs E H French, The Dalles W H Wilson. Dalles IV P Asplet. Walla W j Clifton Rice. Walla W Mrs J M Toy, Wilming tmuy Ferguson, do Victor H Smalley. St Paul, Minn Victor E Palmer.Seattl Thos Park, Ada, Minn Mrs Thos Park, do W W Reed. Rochester ton, uei W P Elmer, Browns vl John R Adams, Mc- 1 Minnvllle, Or ! P Hemlnger. do Geo S Gabbcrt, Thun dcr Mountain W C Ollegham. Shel don. Or jMrs W W Reed, do t rea uross, x'enaieton H L Penry. Everett H M Fowler. Goble. Or Mrs A E Mayer, Van W T Raleigh. Sheridan; Mrs smitn, .Portland II rJ Nelson. San Fr couver, wash F S Kelley. Dallas. TxMrs H Glenn. Dalles J M Duncan. Kan Clty,MUs Edna Glenn, do Chas A wenger, Olym-Mrs TV II Wilson, do pla. Wash E Amond, Wh Hore, Mrs C A Wenger, do S J Beck. Ostrander Wm Beck. Ostrander Chas A Beck, do S J Gross. Catlln.Wn J C Cameron. So Bend X T Mrs c Amond, do Miss Amond. do J Domslp. Indp Mrs Gus Noeske, Aber deen. Wash i. v.rawioru, aeauie 1 Mrs J Babler. Ilwaco J P Anderson. Tacoma, Miss A Babler. do F Pelton, St PI. Minn ) Henry Kratz, Clatska C Chrlstensen. Catlln j nle, Or F TV Catlln. do iMrs Henry Kratz. do P Joseph. San Fran IC TV Rollins. St Louis L C Mattsen. Chicago I THE IMPERIAL. C TV. Knowles. Manager. D Mauplerger, McMlnnJC D Gabrielson. Salem W D Smith, VancouvriMrs A L Hoult, do W H Mahon, BurnsaOr(Carl Brown. do R II Lacey. Colfax 'Hoult Brown. do H Norrls. Olympla 'Harry Dull. N Y S L Jones. San Fran (Lillian Roa?. N Y Miss Muhly. San Fran Mrs TV Jack.on. Bak C J B Lockwood. San FrMl Ruth Jackson, do W R Phillips, San Fr JH E Anderson. Mlnnpls Mrs C M Eppley, Sa- iC C Anderson, do lem jW P Campbell. Chem- Edmoml Giltner. do I awa P D Marshall. Albany C Solomon. San Fran G B Roddls. Osakls. JW F Davidson. Hood R Minn I Mrs L C Davidson, do Herbert C Miller, city tMrs Geo A Peebles. Mrs Emma B Lee, I Weston Olympla IWm J Clarke. Gervals D B Taylor. Indp (Geo A Keepers, Ohio Miss M Lee, Olympla 1 E II Watklns. Cath Mrs Walter S Brown, j lamet Portland, Me B F Brock, Eufaula. THE ST. CHARLES. L F Brune. EllensburglH H Clark. Warren C M Nelson. Kelso ,F D Miller. TVhitlng.Ia G R Rldgeway. Salcm;J II Lewis. Cottg Grv Geo C Kose. Burns T C Watts, city O F Grave, Bunu jj B Lovegren. Qnlncy C C Bush. La Du C TV Lovegren. do TV G Hesse, Klnton Hobt Gray. Hammond X. B Bevans. Stevenson' A B Gilbert & fy. Pa H T Burr. La Du Miss JackEon. Kelso S TV Childcrs. Colum bia T Bratton. Goldendale F A Bernlng & wife, Antelope Katie MInert. Heppnr H F Clark. Baker City Geo Freeman & wife. Marshland Geo Studebaker, Castle Rock Mrs Powelson. do W S Fox. Hoqulam J Woods. Hoqulam J M Boeder. Honulam Ed Rotrsaycr. Silver Lk Chos K Spauldlng.Neiv. oerg, or E Bibber, do Mrs A Workman, do Mrs Coleman, Buttevl I Co P Varney, McMln M A Heinpei, uiaisica- t.i u Flshburn. Camas nle. Or Geo Albertl. Kelso Geo Adams. do iB A Hanslee. Kelso P Ducberry. do E Emmons. Kelso John Walton. Rldgfld I James Jones. Kelso N Futtrug. Chinook .C A Powell. Lebanon Mrs F M Falcs. Falcs'iC A Long &. fy. Seattle Landing R C Fritz. Ilwaco Mrs J Smith, WoodlndiJ TV Gooding. St Paul H A Lamb. Rldgcfleld I Ed Rcnle. Hoqulam Jas Smith. Woodland tJas Tamcrlow & fv J TV Thomas. Molalla Edw Ball, Iowa A L Day, Molalla R Y Black, Tillamook Hotel Branswlck. Scnttle. European, first-class. Rates. 50c to 51.5 One block from depot. Restaurants near by. Tacoma Hotel, Tacomn. American plan. Rates, 73 and up. Donnelly Hotel. Tacoma. Euronean nlan. Rates 50c and up. DONE BY SUPREME COURT THREE LOWER OPINIONS AF FIRMED AND THREE REVERSED. Downing Wins One Suit and Loses Another Damages From Rail road Denied. SALEM. Or.. Dec 16. The Oregon Su preme Court today handed down opinions In six cases. Three lower opinions were reversed and three were aflirmed. Thomas J. Hammer, respondent, vs. F. O. Downing and F. H. Hopkins, partners, appellants, from Multnomah County. Al fred F. Sears, Jr., Judget reversed. Opin ion by Justice Moore. This was a proceeding supplemental to execution to compel satisfaction of a Judg ment. Downing was cited to appear be fore a referee to be examined as to his property liable to execution, but he failed to appear, and evidence was Introduced showing that some three months prior to the taking of the testimony Downing had $10,000. The referee found that Downing had this sum still In his possession. Down ing objected to the confirmation of the report, but the court overruled the objec tions and ordered Downing to apply as much of the money as was necessary to the satisfaction of the Judgment. From this order an appeal was taken to the Supreme Court. The Supreme Court .ays: "The finding that Downing was still possessed of said money is a conclusion of law, resulting from the application of the disputable presumption that a thing once proved to exist continues as long as Is usual with things of that nature. (Sec tion 776, subdivision S3, Hill's Laws.) The question thus presented Is whether a sum of money usually continues In the posses sion of the same person for more than three months." The court holds that, since In times of business activity, money does not usually remain In one person's hands, unless he be a miser, the fact that money does so remain should be shown by the weight of testimony, and not deduced from disputa ble presumptions. The order of the lower court is, therefore, set aside. State of Oregon ex rel. Thcmas J. Ham mer, respondent, vs. F. O. Downing, ap pellant, from Multnomah County. Alfred F. Sears. Jr., Judge; aflirmed. Opinion by Justice Moore. This was a special proceeding to punish Downing for disobeying an order of the Circuit Court requiring him to apply cer tain money found by the court to be In his possession to the satisfaction of a judgment against him. The contempt pro ceedings were instituted by the filing of an affidavit stating the facts. Downing appeared and contested the contempt pro ceedings upon various grounds, but It was found by the Circuit Court that Downing had the power to comply with tho order, and not having done so, he was fined $25 and ordered confined in tho County Jail until he should apply the $10,000 to ihe satisfaction of the judgment as directed. From this order Downing appealed. The points of law decided arc as follows: Under sections SOS and 300 of the code, relating to proceedings supplemental to execution, If the preliminary order be made by the Judge, the final order, if made In vacation or at chambers, must also be made by tho same authority, for a Judge may exercise, out of court, all the powers expressly conferred upon such offi cer, as contra-dlstlngulshed from a court, and not otherwise. If the judgment debtor fails to appear at the examination concerning his prop erty, the court still has authority, upon proper evidence, to order him to apply money shown to be In his possession, to the satisfaction of the judgment. It is not necessary that an execution bo levied upon tangible property before the judgment creditor can have recourse to the supplementary proceedings, but It Is sufficient if it be shown that an execution has been Issued, and that defendant has property which he refuses to apply to its satisfaction, and this although property has been attached. Although the order directing the pay ment of money may have been voidable, so long as the order remained In force the defendant Is In contempt If he disobeys It. Contempt proceedings should be Insti tuted, If criminal. In the name of the state, and If civil. In the name of the state upon the relation of a private party, but a defect in this respect Is not fatal, but may bo cured by amendment. No error Is found, and the order of the court below Is affirmed. Ella Rathbone, administratrix, respond ent, vs. the Oregon Railroad & Naviga tion Company, appellants, from Multno mah County, Alfred F. Sears, Jr., Judge; reversed. Opinion by Chief Justice Bean. This was an action to recover damages for the death of Charles A. Rathbone, al leged to have been caused by the negli gence of defendant. Rathbone was not in the employ of the company, but was rid ing on the section handcar at the Invita tion of the section foreman, when he was killed by a train. The Supreme Court holds that a man riding on a handcar un der such conditions Is a trespasser, and the railroad company owes him no other duty than to use reasonable care not to Injure him after he Is discovered. The fact that the section foreman Invited him to ride does not alter the case, for the foreman Is not the agent of the company, and riding on handcars Is against the company's rules. Mark Mllos, respondent, vs. Peter Co vacevlch, appellant, from Multnomah County, Alfred F. Sears. Jr.. Judge; re versed. Opinion by Chief Justice Bean. Plaintiff and defendant having had busi ness relations, agreed upon a settlement whereby it was orally agreed that de fendant should. In payment of a balance, deed to plaintiff a certain lot In Portland, valued at ). and pay him ?100 In money upon the happening of a certain contin gency. At the close of the fishing season defendant was to deliver to plaintiff a certain net valued at J22.1. Two days later the lot was conveyed, and the plaintiff gave defendant a receipt showing what the conveyance was for, but no mention Oi the net was made In the receipt. De fendant afterward refused to deliver the net, and plaintiff brought suit to recover its value. Plaintiff won In the lower court. The Supreme Court holds that the ngreument to deliver the net was void because not in writing, unless the satis faction of the debt can be considered a payment. "A mere agreement to apply the pur chase money will not suffice, because the contract would still rest in words and nothing more. The statute requires the payment to be made at the time of the agreement, and It Is doubtful whether a subsequent payment will suffice unless it is made for the express purpose of com plying with the statute, or at a time when the pnrties substantially reaffirmed the terms of the contract." As the receipt showed that the debt was to be cancelled by the transfer of the lot and the payment of $100, it cannot be used as evidence regarding the net. Julia C. Richardson, appellant, vs. Ber trand Orth et al., respondents, from Mult nomah County, John B. Cleland, Judge; affirmed Opinion by Justice Wolvcrton. The principal points of law decided are that where a will Is written by a woman who did not sign it, but, after folding It, had two witnesses sign It, without their knowing what It was, although sho signed It at a later date, the will is void. If the matter of the signature at the end of the document be disregarded, since she had written her name In the body of the will. It is still insufficient, for she did not tell the witnesses that it was her will, nor ask them to witness her signature to it, as required by law. E. W. Haln ? respondent, V3. E. P. Cadwell, and Laura M. Cadwell, appel lants, from Washington County, T. A. McBrlde, Judge; afflrmed. Opinion by Justice Wolverton. Plaintiff Is a banker at Forest Grove. Cadwell had overdrawn his account at the bank to the amount of $444 57, and in payment of this and to secure the pay ment of such further drafts as he might make, he and his wife executed their note for $2000. The bank afterward advanced Cadwell $775, but refused to make any more advances. Thereafter, and by mis take, money was credited to Cadwell's account, and Cadwell drew it. This suit was brought on the note to recover the amount due the bank. Cadwell's defense was that since the advance was not made by the bank under the agreement made at the time the note was given, the bank could not sue on the note, but must pur sue somo other remedy. The Supreme Court, in affirming the lower court, says: "The objection is refined and highly technical, and we think without merit. The plaintiff alleges that the note was given to secure further advances In such amounts and at such times as might be convenient, and the testimony tends to es tablish this allegation. The fact that an item of credit was given by mistake by plaintiff, and defendant had availed him self of the opportunity and had drawn against the bank to cover the amount thereof, renders It none the less an ad vance or extension of credit under the terms of the agreement. The account had never been closed, nor had the note been surrendered, so that the obligation to answer for the advance continued." Minor questions are considered and no error is found. D. R. Hawkins, respondent, vs. August Donnerberg et al.. appellants, from Mult nomah County, on motion to amend de cree; decree amended so as to allow plain tiff to recover $5 each from E. G. Clark, H. T. Hudson and Stubbs & Lawrence. with interest from maturity. Defendants above named allowed their costs and dis bursements in this court and In the court below. Minor Proceedinprv. S. Normile, respondent, vs. The Oregon Railway & Navigation Company, appel lant; ordered that appellant has until February 1, 1902, to file reply brief. P. H. Ovlatt, appellant, vs. Big Four Mining Company, respondent; petition for rehearing overruled. A. H. Cat son, respondent, vs. F. M. Hayes, appellant; petition for rehearing overruled. C. A. Scott, respondent, vs. Joseph R. Lewl3, appellant; petition for rehearing overruled. State of Oregon, respondent, vs. Thomas O'Day, et al., appellants; motion to ad vance overruled. Henry M. Wagner respondent, vs. City of Portland, appellant; argued and sub mitted. Charles Vcnable et al.. respondents, vs. Board of Police Commissioners of Port land, appellant; argued and submitted. RABBITS ARE A PEST. Wholesale Slaughter of Them Will Take Place at Batter Crcclc. PENDLETON, Or.. Dec. 16. At the mouth of Butter Creek. December 2), will occur a rabbit drive. Many people will participate. It is expected that thou sands of Jackrabblts will bo corraled and slaughtered. The plan is to make an excursion from several towns, and Induce people who can overcome their humane scruples to go there on cheap fares an'l assist In the bloody work of killing all the rabbits that the hunters are able to drive Into the enclosure. Fences half a mllo long have been built leading out from the corral at right angles. People will be there from all parts of the coun try. Women are Invited to participate. Lunch counters will be set up and hot meals served. Last year, at Blalocks' Island, thousands of rabbits were slaugh tered, and hundreds of people attended. The Pendleton Sportsmen's Association has arranged to secure a large number of the rahblts and to bring them hero for a llve-rabblt shoot on the following day, December 30. BIRDS GETTING SCARCE. Mongolian Plicnsnnt.n Show the Ef fect of Wholesale Slnnffhter. ALBANY, Or., Dec. 15. The scarcity of the Mongolian pheasant Is marked here In Linn County, where they have always been more numerous than In any other portion of the state. At the beginning of the open season the birds were never more plentiful. But thousands have been ki'hd this season, and they are compara tively scarce. The illegal hunting of these birds is also an important factor in lessening their numbers. It Is a fact that some farmers kill the bird3 at ail times of ths year. So far has the fame of this splendid game bird spread that a groat number of sportsmen come here every year to hunt at tho beginning of the open season. Men from all parts of Oregon hunt China pluasr.rtr. In Linn County. Ma-.v hunters como from Washington and California, and scrretlmes there are hunters here from the East. FltOZCX TO DEATH. Man. Died of Expotnre on a Monntnln Trnll In Eastern Oregon. BAKER CITY, Or.. Dec. 16. Dan Burke, a well-known laboring man of North Powder, was frozen to death Saturday night In the hills 18 miles west of Haines. Burke left Haines Saturday to do pome work on a tunnel for Fisher Bros. The tunnel Is to tap a lake for Irrigation purposes on the north fork of Rock Creek. His body was found yesterday morning by some men who were going over the trail. Several packages and bundles were scattered along the trail. It was apparent that Burke had become ex hausted and died from exposure. Cor oner Snow decided that an Inquest was not necessary. Burke was a member of the Woodmen of the World at North Powder. Slakes tlietn light, sweet, tender, delicious and free from dyspeptic qualities. My DYSPEPSIA CURE positively cures all forms of indigestion or stom ach trouble. 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